Temporary orders are the orders a court may make effective from the time a lawsuit for divorce is filed until it is resolved and the divorce decree is signed by the court. These orders are generally designed to preserve the status quo (current status) of the spouses’ marital property, finances, and children, and may include obligations to pay temporary child support, pay temporary spousal support, and provide for child custody and visitation arrangements. Temporary orders may also prohibit the spouses from selling or transferring significant marital or community property assets. If there are any allegations of family or domestic violence or abuse, the court may issue a stay-away order of protection restricting the spouses’ physical proximity to each other and the nature and means of their communications with each other.
Laws regarding the subjects and processes for temporary orders vary from state to state and are usually located in a state’s statutes—often in the family code or domestic relations code.
In Virginia, temporary orders, also known as pendente lite orders, are issued by the court during the pendency of a divorce proceeding to maintain the status quo and provide for the immediate needs of the parties and children involved. These orders can address a variety of issues including temporary child support, spousal support, child custody and visitation, and use of the marital home. Virginia courts may also issue orders to prevent the dissipation of marital assets by prohibiting the sale or transfer of significant property. Additionally, if there are allegations of domestic violence, the court can issue protective orders to ensure the safety of the parties and children. These orders are typically governed by the Virginia Code, particularly under Title 20, which pertains to domestic relations. The specific procedures and requirements for obtaining temporary orders are outlined in the state statutes and are subject to the discretion of the court based on the circumstances of each case.